81_FR_91443 81 FR 91201 - Bay Area Compliance Laboratories Corp.: Application for Recognition

81 FR 91201 - Bay Area Compliance Laboratories Corp.: Application for Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 242 (December 16, 2016)

Page Range91201-91204
FR Document2016-30288

In this notice, OSHA announces the application of Bay Area Compliance Laboratories Corp. for recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the Agency's preliminary finding to grant this recognition.

Federal Register, Volume 81 Issue 242 (Friday, December 16, 2016)
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91201-91204]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30288]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0022]


Bay Area Compliance Laboratories Corp.: Application for 
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this notice, OSHA announces the application of Bay Area 
Compliance Laboratories Corp. for recognition as a Nationally 
Recognized Testing Laboratory (NRTL) and presents the Agency's 
preliminary finding to grant this recognition.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before January 17, 2017.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically 
at

[[Page 91202]]

http://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier) 
service: Submit comments, requests, and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2016-0022, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-3653, 
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays 
in receiving comments and other written materials by regular mail. 
Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express mail, hand 
delivery, or messenger service. The hours of operation for the OSHA 
Docket Office are 10:00 a.m.-3:00 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and 
the OSHA docket number (OSHA-2016-0022). OSHA places comments and other 
materials, including any personal information, in the public docket 
without revision, and these materials will be available online at 
http://www.regulations.gov. Therefore, the Agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through the Web site. All submissions, including copyrighted material, 
are available for inspection at the OSHA Docket Office. Contact the 
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of 
the comment period on or before January 17, 2017 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone: 
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Many of OSHA's workplace standards require that an NRTL test and 
certify certain types of equipment as safe for use in the workplace. 
NRTLs are independent laboratories that meet OSHA's requirements for 
performing safety testing and certification of products used in the 
workplace. To obtain and retain OSHA recognition, NRTLs must meet the 
requirements in the NRTL Program regulations at 29 CFR 1910.7. More 
specifically, to be recognized by OSHA, an organization must: (1) Have 
the appropriate capability to test, evaluate, and approve products to 
assure their safe use in the workplace; (2) be completely independent 
of employers subject to the tested equipment requirements, and 
manufacturers and vendors of products for which OSHA requires 
certification; (3) have internal programs that ensure proper control of 
the testing and certification process; and (4) have effective reporting 
and complaint handling procedures. Recognition is an acknowledgement by 
OSHA that the NRTL has the capabilities to perform independent safety 
testing and certification of the specific products covered within the 
NRTL's scope of recognition, and is not a delegation or grant of 
government authority. Recognition of an NRTL by OSHA also allows 
employers to use products certified by that NRTL to meet those OSHA 
standards that require product testing and certification.
    The Agency processes applications for initial recognition following 
requirements in Appendix A of 29 CFR 1910.7. This appendix requires 
OSHA to publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the application, 
provides its preliminary finding, and solicits comments on its 
preliminary findings. In the second notice, the Agency provides its 
final decision on the application. These notices set forth the NRTL's 
scope of recognition.

II. Notice of the Application for Recognition

    OSHA is providing notice that Bay Area Compliance Laboratories 
Corp. (BACL) is applying for recognition as an NRTL. According to its 
application, BACL was incorporated in 1996 to provide product 
compliance testing services to customers in the areas of Product 
Safety, Electromagnetic Compatibility and Telecommunications, testing 
for Emissions, Immunity, Radio, Radio Frequency (RF) Exposure and 
Telecommunications. The non-profit, third-party, non-governmental 
accreditation body A2LA accredited BACL for UL 60950-1, the standard 
for which BACL requests NRTL recognition. In its application, BACL 
lists the current address of its headquarters as: Bay Area Compliance 
Laboratories Corp., 1274 Anvilwood Avenue, Sunnyvale, California 94089.
    OSHA recognizes each NRTL for a scope of recognition that includes 
the type of products the NRTL may test, with each type specified by its 
applicable test standard, and the recognized site(s) that have the 
technical capability to perform the product-testing and product-
certification activities for the applicable test standards within the 
NRTL's scope of recognition. BACL applied for initial recognition as an 
NRTL on May 1, 2015, and revised its application on May 12, 2016. In 
its application and subsequent revision, BACL requested recognition for 
one test standard and one site (OSHA-2016-0022-0001 and 0002). The 
following sections set forth the requested scope of recognition 
included in BACL's application.

A. Standards Requested for Recognition

    Table 1 below lists the appropriate test standard found in BACL's 
application for testing and certification of products under the NRTL 
Program.

[[Page 91203]]



Table 1--Proposed Appropriate Test Standard for Inclusion in BACL's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
               Test standard                     Test standard title
------------------------------------------------------------------------
UL 60950-1................................  Information Technology
                                             Equipment-Safety-Part 1:
                                             General Requirement.
------------------------------------------------------------------------

    The test standard listed above may be approved as a U.S. test 
standard by the American National Standards Institute (ANSI). However, 
for convenience, the Agency may use the designation of the standards-
developing organization for the test standard instead of the ANSI 
designation. Under the NRTL Program's policy (see OSHA Instruction CPL 
1-0.3, Appendix C, paragraph XIV), any NRTL recognized for a particular 
test standard may use either the proprietary version of the test 
standard or the ANSI version of that standard.

B. Sites Requested for Recognition

    The current address of BACL's site included in its application for 
recognition as an NRTL is:
    1. Bay Area Compliance Laboratories Corp., 1274 Anvilwood Avenue, 
Sunnyvale, California 94089.
    The NRTL Program requires that the recognized site listed above has 
the capability to conduct the product testing in accordance with the 
appropriate test standard for the equipment or material being tested 
and certified.

III. Preliminary Finding on the Application for Recognition as an NRTL

    OSHA's NRTL Program recognition process involves a thorough 
analysis of an NRTL applicant's policies and procedures, and a 
comprehensive on-site review of the applicant's testing and 
certification activities to ensure that the applicant meets the 
requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis 
of BACL's application packet and reviewed other pertinent information. 
OSHA staff also performed a comprehensive on-site assessment of BACL's 
testing facility, located at 1274 Anvilwood Avenue, Sunnyvale, 
California 94089, on May 9-11, 2016. An overview of OSHA's assessment 
of the four requirements for recognition (i.e., capability, control 
procedures, independence, and creditable reports and complaint 
handling) is provided below.

A. Capability

    Section 1910.7(b)(1) states that, for each specified item of 
equipment or material to be listed, labeled, or accepted, the NRTL must 
have the capability (including proper testing equipment and facilities, 
trained staff, written testing procedures, and calibration and quality-
control programs) to perform appropriate testing. OSHA staff performed 
a detailed analysis of BACL's application packet and reviewed other 
pertinent information to assess its capabilities to perform test and 
certification activities. OSHA determined that BACL has demonstrated 
these capabilities through the following:
     The BACL facility has adequate test areas, energy sources, 
and procedures for controlling incompatible activities.
     BACL provided a detailed list of its testing equipment. 
Review of the application shows that the equipment listed is available 
and adequate for the standards for which it seeks recognition.
     BACL has detailed procedures for conducting testing, 
review, and evaluation, and for capturing the test and other data 
required by the test standards for which it seeks recognition.
     BACL has detailed procedures addressing the maintenance 
and calibration of equipment, and the types of records maintained for, 
or supporting laboratory activities.
     BACL has sufficient qualified personnel to perform the 
proposed scope of testing based on their education, training, technical 
knowledge, and experience.
     BACL has an adequate quality-control system in place to 
conduct internal audits, as well as track and resolve nonconformances.
    OSHA's on-site assessment of BACL's facility confirmed the 
capabilities described in its application packet.

B. Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide controls and 
services, to the extent necessary, for the particular equipment or 
material to be listed, labeled, or accepted. These controls and 
services include procedures for identifying the listed or labeled 
equipment or materials, inspections of production runs at factories to 
assure conformance with test standards, and field inspections to 
monitor and assure the proper use of identifying marks or labels. OSHA 
staff performed a detailed analysis of BACL's application packet and 
reviewed other pertinent information to assess its control procedures. 
OSHA determined that BACL has demonstrated these control procedures 
through the following:
     BACL has a quality-control manual and detailed procedures 
to address the steps involved to list and certify products.
     BACL has a registered certification mark.
     BACL has certification procedures to address the 
authorization of certifications and audits of factory facilities. The 
audits apply to both the initial evaluations and the follow-up 
inspections of manufacturers' facilities.
    OSHA's on-site assessment of BACL's facility confirmed the control 
procedures described in its application packet.

C. Independence

    Section 1910.7(b)(3) requires that the NRTL be completely 
independent of employers that are subject to the testing requirements, 
and of any manufacturers or vendors of equipment or materials tested 
under the NRTL Program. OSHA has a policy for the independence of NRTLs 
that specifies the criteria used for determining whether an 
organization meets the above requirement (see OSHA Instruction CPL 1-
0.3, Appendix C, paragraph V). This policy contains a non-exhaustive 
list of relationships that would cause an organization to fail to meet 
the specified criteria. OSHA staff performed a detailed analysis of 
BACL's application packet and reviewed other pertinent information to 
assess its independence. OSHA determined that BACL has demonstrated 
independence through the following:
     BACL is a privately-owned organization, and OSHA found no 
information regarding ownership that would qualify as a conflict under 
OSHA's independence policy.
     BACL shows that it has none of the relationships described 
above or any other relationship that could subject it to undue 
influence when testing for product safety.

D. Credible Reports and Complaint Handling

    Section 1910.7(b)(4) specifies that a NRTL must maintain effective 
procedures for producing credible findings and reports that are 
objective and free of bias. The NRTL must also have procedures for 
handling complaints and disputes under a fair and reasonable system. 
OSHA staff performed a detailed analysis of BACL's application packet 
and reviewed other pertinent information to assess its ability to 
produce credible results and handle complaints. OSHA determined that 
BACL has demonstrated these capabilities through the following.
     BACL has detailed procedures describing the content of the 
test reports, and other detailed procedures

[[Page 91204]]

describing the preparation and approval of these reports.
     BACL has procedures for recording, analyzing, and 
processing complaints from users, manufacturers, and other parties in a 
fair manner.
    OSHA's on-site assessment of BACL's facility confirmed the credible 
reports and complaint handling described in its application packet.
    OSHA's review of the application file and pertinent documentation, 
as well as the results of the on-site assessment, indicate that BACL 
can meet the requirements prescribed by 29 CFR 1910.7 for recognition 
as a Nationally Recognized Testing Laboratory for its site located in 
Sunnyvale, California. The OSHA staff, therefore, preliminarily 
recommended that the Assistant Secretary approve the application. This 
preliminary finding does not constitute an interim or temporary 
approval of BACL's application.
    OSHA welcomes public comment as to whether BACL meets the 
requirements of 29 CFR 1910.7 for recognition as an NRTL. Comments 
should consist of pertinent written documents and exhibits. Commenters 
needing more time to comment must submit a request in writing, stating 
the reasons for the request. Commenters must submit the written request 
for an extension by the due date for comments. OSHA will limit any 
extension to 10 days unless the requester justifies a longer period. 
OSHA may deny a request for an extension if it is not adequately 
justified. To obtain or review copies of the exhibits identified in 
this notice, as well as comments submitted to the docket, contact the 
Docket Office, Room N-3653, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address. These 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2016-0022.
    OSHA staff will review all comments submitted to the docket in a 
timely manner and, after addressing the issues raised by these 
comments, will recommend to the Assistant Secretary whether to grant 
BACL's application for recognition as an NRTL. The Assistant Secretary 
will make the final decision on granting the application. In making 
this decision, the Assistant Secretary may undertake other proceedings 
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the 
Federal Register.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on December 12, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-30288 Filed 12-15-16; 8:45 am]
 BILLING CODE 4510-26-P



                                                                              Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices                                                 91201

                                                  response, and estimated total burden                    (WIOA), which identified performance                    • Minimize the burden of the
                                                  may be obtained free by contacting Jenn                 accountability requirements for these                 collection of information on those who
                                                  Smith by telephone at (202) 693–3597,                   grants. The WIOA performance                          are to respond, including through the
                                                  TTY 1–877–889–5627, (these are not                      indicators and reporting requirements                 use of appropriate automated,
                                                  toll-free numbers) or by email at                       also apply to the Dislocated Worker                   electronic, mechanical, or other
                                                  smith.jenn@dol.gov.                                     Grants program. While H–1B and                        technological collection techniques or
                                                     Submit written comments about, or                    Reentry Employment Opportunities                      other forms of information technology,
                                                  requests for a copy of, this ICR by mail                grants are not authorized under WIOA,                 e.g., permitting electronic submission of
                                                  or courier to the U.S. Department of                    these programs are also adopting the                  responses.
                                                  Labor, Division of Youth Services, Room                 WIOA performance indicators and align                   Agency: DOL–ETA.
                                                  N–4508, Employment and Training                         with WIOA data element definitions                      Type of Review: NEW.
                                                  Administration, U.S. Department of                      and reporting templates to promote                      Title of Collection: Joint Quarterly
                                                  Labor, 200 Constitution Avenue NW.,                     consistency across these DOL-funded                   Narrative Progress Report Template.
                                                  Washington, DC 20210; by email:                         programs. For this same reason, the                     Form: Quarterly Narrative Progress
                                                  smith.jenn@dol.gov; or by Fax 202–693–                  Senior Community Service Employment                   Report Template.
                                                  3861.                                                   Program, authorized under the Older                     OMB Control Number: OMB 1205–
                                                                                                          Americans Act, as amended, is also                    0NEW.
                                                  FOR FURTHER INFORMATION CONTACT: Jenn
                                                                                                          adopting this Joint Quarterly Narrative                 Affected Public: State/local/tribal
                                                  Smith by telephone at (202) 693–3597                                                                          governments, Federal government,
                                                  (this is not a toll-free number) or by                  Performance Report.
                                                                                                            This information collection is subject              private sector (not-for-profit
                                                  email at smith.jenn@dol.gov.                                                                                  institutions).
                                                                                                          to the PRA. A Federal agency generally
                                                  SUPPLEMENTARY INFORMATION: The DOL,                                                                             Estimated Number of Respondents:
                                                                                                          cannot conduct or sponsor a collection
                                                  as part of continuing efforts to reduce                 of information, and the public is                     792.
                                                  paperwork and respondent burden,                        generally not required to respond to an                 Frequency: Quarterly.
                                                  conducts a pre-clearance consultation                   information collection, unless it is                    Total Estimated Annual Responses:
                                                  program to provide the general public                   approved by the OMB under the PRA                     3,008.
                                                  and Federal agencies an opportunity to                                                                          Estimated Average Time per
                                                                                                          and displays a currently valid OMB
                                                  comment on proposed and/or                                                                                    Response: 10 hours.
                                                                                                          Control Number. In addition,                            Estimated Total Annual Burden
                                                  continuing collections of information                   notwithstanding any other provisions of
                                                  before submitting them to the OMB for                                                                         Hours: 30,080 hours.
                                                                                                          law, no person shall generally be subject               Total Estimated Annual Other Cost
                                                  final approval. This program helps to                   to penalty for failing to comply with a
                                                  ensure requested data can be provided                                                                         Burden: $480,076.80.
                                                                                                          collection of information that does not
                                                  in the desired format, reporting burden                 display a valid Control Number. See 5                   Authority: 44 U.S.C. 3506(c)(2)(A).
                                                  (time and financial resources) is                       CFR 1320.5(a) and 1320.6.                             Portia Wu,
                                                  minimized, collection instruments are                     Interested parties are encouraged to
                                                  clearly understood, and the impact of                                                                         Assistant Secretary for Employment and
                                                                                                          provide comments to the contact shown                 Training, Labor.
                                                  collection requirements can be properly                 in the ADDRESSES section. Comments                    [FR Doc. 2016–30204 Filed 12–15–16; 8:45 am]
                                                  assessed.                                               must be written to receive
                                                     The Workforce Innovation and                                                                               BILLING CODE 4510–FN–P 4510–FT–P
                                                                                                          consideration, and they will be
                                                  Opportunity Act (29 U.S.C. 3101)                        summarized and included in the request
                                                  authorizes this information collection.                 for OMB approval of the final ICR. In                 DEPARTMENT OF LABOR
                                                  President Barack Obama signed the                       order to help ensure appropriate
                                                  Workforce Innovation and Opportunity                    consideration, comments should                        Occupational Safety and Health
                                                  Act (WIOA) into law on July 22, 2014.                   mention OMB Number 1205–0NEW.                         Administration
                                                  One of the many goals of WIOA is to                       Submitted comments will also be a
                                                  develop more consistent instruments for                                                                       [Docket No. OSHA–2016–0022]
                                                                                                          matter of public record for this ICR and
                                                  collecting data related to the                          posted on the Internet, without                       Bay Area Compliance Laboratories
                                                  Department’s job training programs. The                 redaction. The DOL encourages                         Corp.: Application for Recognition
                                                  Joint Quarterly Narrative Progress                      commenters not to include personally
                                                  Report Template consolidates various                    identifiable information, confidential                AGENCY: Occupational Safety and Health
                                                  instruments to collect qualitative data                 business data, or other sensitive                     Administration (OSHA), Labor.
                                                  generated by several programs                           statements/information in any                         ACTION: Notice.
                                                  legislatively mandated by WIOA, as                      comments.
                                                  well as additional job training programs                  The DOL is particularly interested in               SUMMARY:   In this notice, OSHA
                                                  that are adopting the performance                       comments that:                                        announces the application of Bay Area
                                                  reporting provisions of WIOA to                           • Evaluate whether the proposed                     Compliance Laboratories Corp. for
                                                  promote alignment across the workforce                  collection of information is necessary                recognition as a Nationally Recognized
                                                  system. Qualitative data include a                      for the proper performance of the                     Testing Laboratory (NRTL) and presents
                                                  particular grantee’s progress and                       functions of the agency, including                    the Agency’s preliminary finding to
                                                  milestones during a grant’s period of                   whether the information will have                     grant this recognition.
                                                  performance and follow-up period,                       practical utility;                                    DATES: Submit comments, information,
                                                  challenges to meeting a grant’s expected                  • Evaluate the accuracy of the                      and documents in response to this
mstockstill on DSK3G9T082PROD with NOTICES




                                                  outcomes, and tracking of grant                         agency’s estimate of the burden of the                notice, or requests for an extension of
                                                  management and performance                              proposed collection of information,                   time to make a submission, on or before
                                                  indicators during the life of the grant.                including the validity of the                         January 17, 2017.
                                                     The National Farmworkers Job                         methodology and assumptions used;                     ADDRESSES: Submit comments by any of
                                                  Program and YouthBuild grants are                         • Enhance the quality, utility, and                 the following methods:
                                                  authorized under the Workforce                          clarity of the information to be                        1. Electronically: Submit comments
                                                  Innovation and Opportunity Act of 2014                  collected; and                                        and attachments electronically at


                                             VerDate Sep<11>2014   18:42 Dec 15, 2016   Jkt 241001   PO 00000   Frm 00087   Fmt 4703   Sfmt 4703   E:\FR\FM\16DEN1.SGM   16DEN1


                                                  91202                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  http://www.regulations.gov, which is                    Department of Labor, 200 Constitution                 requirements in Appendix A of 29 CFR
                                                  the Federal eRulemaking Portal. Follow                  Avenue NW., Room N–3655,                              1910.7. This appendix requires OSHA to
                                                  the instructions online for making                      Washington, DC 20210, or by fax to                    publish two notices in the Federal
                                                  electronic submissions.                                 (202) 693–1644.                                       Register in processing an application. In
                                                    2. Facsimile: If submissions,                         FOR FURTHER INFORMATION CONTACT:                      the first notice, OSHA announces the
                                                  including attachments, are not longer                   Information regarding this notice is                  application, provides its preliminary
                                                  than 10 pages, commenters may fax                       available from the following sources:                 finding, and solicits comments on its
                                                  them to the OSHA Docket Office at (202)                    Press inquiries: Contact Mr. Frank                 preliminary findings. In the second
                                                  693–1648.                                               Meilinger, Director, OSHA Office of                   notice, the Agency provides its final
                                                     3. Regular or express mail, hand                     Communications, U.S. Department of
                                                  delivery, or messenger (courier) service:                                                                     decision on the application. These
                                                                                                          Labor, 200 Constitution Avenue NW.,                   notices set forth the NRTL’s scope of
                                                  Submit comments, requests, and any                      Room N–3647, Washington, DC 20210;
                                                  attachments to the OSHA Docket Office,                                                                        recognition.
                                                                                                          telephone: (202) 693–1999; email:
                                                  Docket No. OSHA–2016–0022,                              meilinger.francis2@dol.gov.                           II. Notice of the Application for
                                                  Technical Data Center, U.S. Department                     General and technical information:                 Recognition
                                                  of Labor, 200 Constitution Avenue NW.,                  Contact Mr. Kevin Robinson, Director,
                                                  Room N–3653, Washington, DC 20210;                      Office of Technical Programs and                         OSHA is providing notice that Bay
                                                  telephone: (202) 693–2350 (TTY                          Coordination Activities, Directorate of               Area Compliance Laboratories Corp.
                                                  number: (877) 889–5627). Note that                                                                            (BACL) is applying for recognition as an
                                                                                                          Technical Support and Emergency
                                                  security procedures may result in                                                                             NRTL. According to its application,
                                                                                                          Management, Occupational Safety and
                                                  significant delays in receiving                                                                               BACL was incorporated in 1996 to
                                                                                                          Health Administration, U.S. Department
                                                  comments and other written materials                                                                          provide product compliance testing
                                                                                                          of Labor, 200 Constitution Avenue NW.,
                                                  by regular mail. Contact the OSHA                                                                             services to customers in the areas of
                                                                                                          Room N–3655, Washington, DC 20210;
                                                  Docket Office for information about                                                                           Product Safety, Electromagnetic
                                                                                                          phone: (202) 693–2110 or email:
                                                  security procedures concerning delivery
                                                                                                          robinson.kevin@dol.gov.                               Compatibility and Telecommunications,
                                                  of materials by express mail, hand
                                                                                                          SUPPLEMENTARY INFORMATION:                            testing for Emissions, Immunity, Radio,
                                                  delivery, or messenger service. The
                                                  hours of operation for the OSHA Docket                                                                        Radio Frequency (RF) Exposure and
                                                                                                          I. Background                                         Telecommunications. The non-profit,
                                                  Office are 10:00 a.m.–3:00 p.m., e.t.
                                                     4. Instructions: All submissions must                   Many of OSHA’s workplace standards                 third-party, non-governmental
                                                  include the Agency name and the OSHA                    require that an NRTL test and certify                 accreditation body A2LA accredited
                                                  docket number (OSHA–2016–0022).                         certain types of equipment as safe for                BACL for UL 60950–1, the standard for
                                                  OSHA places comments and other                          use in the workplace. NRTLs are                       which BACL requests NRTL
                                                  materials, including any personal                       independent laboratories that meet                    recognition. In its application, BACL
                                                  information, in the public docket                       OSHA’s requirements for performing                    lists the current address of its
                                                  without revision, and these materials                   safety testing and certification of                   headquarters as: Bay Area Compliance
                                                  will be available online at http://                     products used in the workplace. To                    Laboratories Corp., 1274 Anvilwood
                                                  www.regulations.gov. Therefore, the                     obtain and retain OSHA recognition,                   Avenue, Sunnyvale, California 94089.
                                                  Agency cautions commenters about                        NRTLs must meet the requirements in
                                                                                                          the NRTL Program regulations at 29 CFR                   OSHA recognizes each NRTL for a
                                                  submitting statements they do not want
                                                  made available to the public, or                        1910.7. More specifically, to be                      scope of recognition that includes the
                                                  submitting comments that contain                        recognized by OSHA, an organization                   type of products the NRTL may test,
                                                  personal information (either about                      must: (1) Have the appropriate                        with each type specified by its
                                                  themselves or others) such as Social                    capability to test, evaluate, and approve             applicable test standard, and the
                                                  Security numbers, birth dates, and                      products to assure their safe use in the              recognized site(s) that have the
                                                  medical data.                                           workplace; (2) be completely                          technical capability to perform the
                                                     5. Docket: To read or download                       independent of employers subject to the               product-testing and product-
                                                  submissions or other material in the                    tested equipment requirements, and                    certification activities for the applicable
                                                  docket, go to http://www.regulations.gov                manufacturers and vendors of products                 test standards within the NRTL’s scope
                                                  or the OSHA Docket Office at the                        for which OSHA requires certification;                of recognition. BACL applied for initial
                                                  address above. All documents in the                     (3) have internal programs that ensure                recognition as an NRTL on May 1, 2015,
                                                  docket are listed in the http://                        proper control of the testing and                     and revised its application on May 12,
                                                  www.regulations.gov index; however,                     certification process; and (4) have                   2016. In its application and subsequent
                                                  some information (e.g., copyrighted                     effective reporting and complaint                     revision, BACL requested recognition
                                                  material) is not publicly available to                  handling procedures. Recognition is an                for one test standard and one site
                                                  read or download through the Web site.                  acknowledgement by OSHA that the                      (OSHA–2016–0022–0001 and 0002).
                                                  All submissions, including copyrighted                  NRTL has the capabilities to perform                  The following sections set forth the
                                                  material, are available for inspection at               independent safety testing and                        requested scope of recognition included
                                                  the OSHA Docket Office. Contact the                     certification of the specific products
                                                                                                                                                                in BACL’s application.
                                                  OSHA Docket Office for assistance in                    covered within the NRTL’s scope of
                                                  locating docket submissions.                            recognition, and is not a delegation or               A. Standards Requested for Recognition
                                                     6. Extension of comment period:                      grant of government authority.
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                                                  Submit requests for an extension of the                 Recognition of an NRTL by OSHA also                     Table 1 below lists the appropriate
                                                  comment period on or before January                     allows employers to use products                      test standard found in BACL’s
                                                  17, 2017 to the Office of Technical                     certified by that NRTL to meet those                  application for testing and certification
                                                  Programs and Coordination Activities,                   OSHA standards that require product                   of products under the NRTL Program.
                                                  Directorate of Technical Support and                    testing and certification.
                                                  Emergency Management, Occupational                         The Agency processes applications for
                                                  Safety and Health Administration, U.S.                  initial recognition following


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                                                                              Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices                                           91203

                                                     TABLE 1—PROPOSED APPROPRIATE material to be listed, labeled, or                                            steps involved to list and certify
                                                     TEST STANDARD FOR INCLUSION IN accepted, the NRTL must have the                                            products.
                                                     BACL’S NRTL SCOPE OF RECOGNI- capability (including proper testing                                           • BACL has a registered certification
                                                     TION                                                 equipment and facilities, trained staff,              mark.
                                                                                                          written testing procedures, and                         • BACL has certification procedures
                                                     Test standard            Test standard title         calibration and quality-control                       to address the authorization of
                                                                                                          programs) to perform appropriate                      certifications and audits of factory
                                                  UL 60950–1 ..........   Information Technology          testing. OSHA staff performed a detailed              facilities. The audits apply to both the
                                                                             Equipment-Safety-            analysis of BACL’s application packet                 initial evaluations and the follow-up
                                                                             Part 1: General Re-          and reviewed other pertinent                          inspections of manufacturers’ facilities.
                                                                             quirement.                   information to assess its capabilities to               OSHA’s on-site assessment of BACL’s
                                                                                                          perform test and certification activities.            facility confirmed the control
                                                    The test standard listed above may be                 OSHA determined that BACL has                         procedures described in its application
                                                  approved as a U.S. test standard by the                 demonstrated these capabilities through               packet.
                                                  American National Standards Institute                   the following:
                                                  (ANSI). However, for convenience, the                      • The BACL facility has adequate test              C. Independence
                                                  Agency may use the designation of the                   areas, energy sources, and procedures                   Section 1910.7(b)(3) requires that the
                                                  standards-developing organization for                   for controlling incompatible activities.              NRTL be completely independent of
                                                  the test standard instead of the ANSI                      • BACL provided a detailed list of its             employers that are subject to the testing
                                                  designation. Under the NRTL Program’s                   testing equipment. Review of the                      requirements, and of any manufacturers
                                                  policy (see OSHA Instruction CPL 1–                     application shows that the equipment                  or vendors of equipment or materials
                                                  0.3, Appendix C, paragraph XIV), any                    listed is available and adequate for the              tested under the NRTL Program. OSHA
                                                  NRTL recognized for a particular test                   standards for which it seeks recognition.             has a policy for the independence of
                                                  standard may use either the proprietary
                                                                                                             • BACL has detailed procedures for                 NRTLs that specifies the criteria used
                                                  version of the test standard or the ANSI
                                                                                                          conducting testing, review, and                       for determining whether an organization
                                                  version of that standard.
                                                                                                          evaluation, and for capturing the test                meets the above requirement (see OSHA
                                                  B. Sites Requested for Recognition                      and other data required by the test                   Instruction CPL 1–0.3, Appendix C,
                                                    The current address of BACL’s site                    standards for which it seeks recognition.             paragraph V). This policy contains a
                                                  included in its application for                            • BACL has detailed procedures                     non-exhaustive list of relationships that
                                                  recognition as an NRTL is:                              addressing the maintenance and                        would cause an organization to fail to
                                                    1. Bay Area Compliance Laboratories                   calibration of equipment, and the types               meet the specified criteria. OSHA staff
                                                  Corp., 1274 Anvilwood Avenue,                           of records maintained for, or supporting              performed a detailed analysis of BACL’s
                                                  Sunnyvale, California 94089.                            laboratory activities.                                application packet and reviewed other
                                                    The NRTL Program requires that the                       • BACL has sufficient qualified                    pertinent information to assess its
                                                  recognized site listed above has the                    personnel to perform the proposed                     independence. OSHA determined that
                                                  capability to conduct the product testing               scope of testing based on their                       BACL has demonstrated independence
                                                  in accordance with the appropriate test                 education, training, technical                        through the following:
                                                  standard for the equipment or material                  knowledge, and experience.                              • BACL is a privately-owned
                                                  being tested and certified.                                • BACL has an adequate quality-                    organization, and OSHA found no
                                                                                                          control system in place to conduct                    information regarding ownership that
                                                  III. Preliminary Finding on the                         internal audits, as well as track and                 would qualify as a conflict under
                                                  Application for Recognition as an                       resolve nonconformances.                              OSHA’s independence policy.
                                                  NRTL                                                       OSHA’s on-site assessment of BACL’s                  • BACL shows that it has none of the
                                                     OSHA’s NRTL Program recognition                      facility confirmed the capabilities                   relationships described above or any
                                                  process involves a thorough analysis of                 described in its application packet.                  other relationship that could subject it
                                                  an NRTL applicant’s policies and                                                                              to undue influence when testing for
                                                                                                          B. Control Procedures
                                                  procedures, and a comprehensive on-                                                                           product safety.
                                                  site review of the applicant’s testing and                 Section 1910.7(b)(2) requires that the
                                                                                                                                                                D. Credible Reports and Complaint
                                                  certification activities to ensure that the             NRTL provide controls and services, to
                                                                                                                                                                Handling
                                                  applicant meets the requirements of 29                  the extent necessary, for the particular
                                                  CFR 1910.7. OSHA staff performed a                      equipment or material to be listed,                      Section 1910.7(b)(4) specifies that a
                                                  detailed analysis of BACL’s application                 labeled, or accepted. These controls and              NRTL must maintain effective
                                                  packet and reviewed other pertinent                     services include procedures for                       procedures for producing credible
                                                  information. OSHA staff also performed                  identifying the listed or labeled                     findings and reports that are objective
                                                  a comprehensive on-site assessment of                   equipment or materials, inspections of                and free of bias. The NRTL must also
                                                  BACL’s testing facility, located at 1274                production runs at factories to assure                have procedures for handling
                                                  Anvilwood Avenue, Sunnyvale,                            conformance with test standards, and                  complaints and disputes under a fair
                                                  California 94089, on May 9–11, 2016.                    field inspections to monitor and assure               and reasonable system. OSHA staff
                                                  An overview of OSHA’s assessment of                     the proper use of identifying marks or                performed a detailed analysis of BACL’s
                                                  the four requirements for recognition                   labels. OSHA staff performed a detailed               application packet and reviewed other
                                                                                                          analysis of BACL’s application packet                 pertinent information to assess its
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                                                  (i.e., capability, control procedures,
                                                  independence, and creditable reports                    and reviewed other pertinent                          ability to produce credible results and
                                                  and complaint handling) is provided                     information to assess its control                     handle complaints. OSHA determined
                                                  below.                                                  procedures. OSHA determined that                      that BACL has demonstrated these
                                                                                                          BACL has demonstrated these control                   capabilities through the following.
                                                  A. Capability                                           procedures through the following:                        • BACL has detailed procedures
                                                    Section 1910.7(b)(1) states that, for                    • BACL has a quality-control manual                describing the content of the test
                                                  each specified item of equipment or                     and detailed procedures to address the                reports, and other detailed procedures


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                                                  91204                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  describing the preparation and approval                 Occupational Safety and Health, 200                   I. Notice of Final Decision
                                                  of these reports.                                       Constitution Avenue NW., Washington,                     OSHA hereby gives notice of the
                                                     • BACL has procedures for recording,                 DC 20210, authorized the preparation of               expansion of the scope of recognition of
                                                  analyzing, and processing complaints                    this notice. Accordingly, the Agency is               Intertek Testing Services NA, Inc.
                                                  from users, manufacturers, and other                    issuing this notice pursuant to 29 U.S.C.             (ITSNA), as an NRTL. ITSNA’s
                                                  parties in a fair manner.                               657(g)(2), Secretary of Labor’s Order No.
                                                     OSHA’s on-site assessment of BACL’s                                                                        expansion covers the addition of
                                                                                                          1–2012 (77 FR 3912, Jan. 25, 2012), and               twenty-eight (28) test standards to its
                                                  facility confirmed the credible reports                 29 CFR 1910.7.
                                                  and complaint handling described in its                                                                       scope of recognition.
                                                                                                            Signed at Washington, DC, on December                  OSHA recognition of an NRTL
                                                  application packet.                                     12, 2016.
                                                     OSHA’s review of the application file                                                                      signifies that the organization meets the
                                                  and pertinent documentation, as well as                 David Michaels,                                       requirements specified by 29 CFR
                                                  the results of the on-site assessment,                  Assistant Secretary of Labor for Occupational         1910.7. Recognition is an
                                                  indicate that BACL can meet the                         Safety and Health.                                    acknowledgment that the organization
                                                  requirements prescribed by 29 CFR                       [FR Doc. 2016–30288 Filed 12–15–16; 8:45 am]          can perform independent safety testing
                                                  1910.7 for recognition as a Nationally                  BILLING CODE 4510–26–P                                and certification of the specific products
                                                  Recognized Testing Laboratory for its                                                                         covered within its scope of recognition,
                                                  site located in Sunnyvale, California.                                                                        and is not a delegation or grant of
                                                  The OSHA staff, therefore, preliminarily                DEPARTMENT OF LABOR                                   government authority. As a result of
                                                  recommended that the Assistant                                                                                recognition, employers may use
                                                                                                          Occupational Safety and Health                        products properly approved by the
                                                  Secretary approve the application. This
                                                                                                          Administration                                        NRTL to meet OSHA standards that
                                                  preliminary finding does not constitute
                                                  an interim or temporary approval of                                                                           require testing and certification of the
                                                                                                          [Docket No. OSHA–2007–0039]                           products.
                                                  BACL’s application.
                                                     OSHA welcomes public comment as                                                                               The Agency processes applications by
                                                                                                          Intertek Testing Services NA, Inc.:                   an NRTL for initial recognition, or for
                                                  to whether BACL meets the                               Grant of Expansion of Recognition and
                                                  requirements of 29 CFR 1910.7 for                                                                             expansion or renewal of this
                                                                                                          Modification to the NRTL Program’s                    recognition, following requirements in
                                                  recognition as an NRTL. Comments                        List of Appropriate Test Standards
                                                  should consist of pertinent written                                                                           Appendix A to 29 CFR 1910.7. This
                                                  documents and exhibits. Commenters                      AGENCY: Occupational Safety and Health                appendix requires that the Agency
                                                  needing more time to comment must                       Administration (OSHA), Labor.                         publish two notices in the Federal
                                                  submit a request in writing, stating the                ACTION: Notice.
                                                                                                                                                                Register in processing an application. In
                                                  reasons for the request. Commenters                                                                           the first notice, OSHA announces the
                                                  must submit the written request for an                  SUMMARY:   In this notice, OSHA                       application and provides its preliminary
                                                  extension by the due date for comments.                 announces its final decision to expand                finding and, in the second notice, the
                                                  OSHA will limit any extension to 10                     the scope of recognition for Intertek                 Agency provides its final decision on
                                                  days unless the requester justifies a                   Testing Services NA, Inc. as a                        the application. These notices set forth
                                                  longer period. OSHA may deny a                          Nationally Recognized Testing                         the NRTL’s scope of recognition or
                                                  request for an extension if it is not                   Laboratory (NRTL).                                    modifications of that scope. OSHA
                                                  adequately justified. To obtain or review               DATES: The expansion of the scope of                  maintains an informational Web page
                                                  copies of the exhibits identified in this               recognition becomes effective on                      for each NRTL that details its scope of
                                                  notice, as well as comments submitted                   December 16, 2016.                                    recognition. These pages are available
                                                  to the docket, contact the Docket Office,                                                                     from the Agency’s Web site at http://
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Room N–3653, Occupational Safety and                                                                          www.osha.gov/dts/otpca/nrtl/
                                                                                                          Information regarding this notice is
                                                  Health Administration, U.S. Department                                                                        index.html.
                                                                                                          available from the following sources:                    ITSNA submitted an application,
                                                  of Labor, at the above address. These                      Press inquiries: Contact Mr. Frank
                                                  materials also are available online at                                                                        received by OSHA on June 3, 2015,
                                                                                                          Meilinger, Director, OSHA Office of                   (OSHA–2007–0039–0020) to expand its
                                                  http://www.regulations.gov under                        Communications, U.S. Department of
                                                  Docket No. OSHA–2016–0022.                                                                                    recognition to include thirty (30)
                                                                                                          Labor, 200 Constitution Avenue NW.,                   additional test standards. OSHA staff
                                                     OSHA staff will review all comments                  Room N–3647, Washington, DC 20210;
                                                  submitted to the docket in a timely                                                                           performed a detailed analysis of the
                                                                                                          telephone: (202) 693–1999; email:                     application packet and reviewed other
                                                  manner and, after addressing the issues                 meilinger.francis2@dol.gov.
                                                  raised by these comments, will                                                                                pertinent information and determined
                                                                                                             General and technical information:                 that OSHA should grant the application
                                                  recommend to the Assistant Secretary                    Contact Mr. Kevin Robinson, Director,
                                                  whether to grant BACL’s application for                                                                       to expand ITSNA’s recognition to
                                                                                                          Office of Technical Programs and                      include 28 of the 30 requested
                                                  recognition as an NRTL. The Assistant                   Coordination Activities, Directorate of
                                                  Secretary will make the final decision                                                                        standards. OSHA did not perform any
                                                                                                          Technical Support and Emergency                       on-site reviews in relation to this
                                                  on granting the application. In making                  Management, Occupational Safety and
                                                  this decision, the Assistant Secretary                                                                        application.
                                                                                                          Health Administration, U.S. Department                   OSHA published the preliminary
                                                  may undertake other proceedings                         of Labor, 200 Constitution Avenue NW.,
                                                  prescribed in Appendix A to 29 CFR                                                                            notice announcing ITSNA’s expansion
                                                                                                          Room N–3655, Washington, DC 20210;                    application in the Federal Register on
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                                                  1910.7.                                                 telephone: (202) 693–2110; email:
                                                     OSHA will publish a public notice of                                                                       September 14, 2016 (81 FR 63229). The
                                                                                                          robinson.kevin@dol.gov. OSHA’s Web                    Agency requested comments by
                                                  this final decision in the Federal                      page includes information about the
                                                  Register.                                                                                                     September 29, 2016, but it received no
                                                                                                          NRTL Program (see http://                             comments in response to this notice.
                                                  Authority and Signature                                 www.osha.gov/dts/otpca/nrtl/                          OSHA now is proceeding with this final
                                                    David Michaels, Ph.D., MPH,                           index.html).                                          notice to grant expansion of ITSNA’s
                                                  Assistant Secretary of Labor for                        SUPPLEMENTARY INFORMATION:                            scope of recognition.


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Document Created: 2018-02-14 09:07:36
Document Modified: 2018-02-14 09:07:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit comments, information, and documents in response to this notice, or requests for an extension of time to make a submission, on or before January 17, 2017.
ContactInformation regarding this notice is available from the following sources:
FR Citation81 FR 91201 

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